Articles Posted in DUI

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You see those flashing red and blue lights in your rearview mirror, and you are hoping someone else is being pursued. But your stomach drops when you realize that it is you that the officer is interested in. It is stressful enough to be pulled over—and the panic really escalates if you have had a drink or two before getting behind the wheel. What should you do? 

Keep Your Head on Straight

Clearly, you need to pull over; do not even entertain the idea of trying to outrun the patrol car. Do it as quickly and as smoothly as possible, signaling your intent. After you are safely on the side of the road, turn your ignition off, roll down your window, and prepare to talk to the officer, keeping your hands visible at all times. As the officer approaches, remind yourself that a little politeness goes a long way. Obey the officer’s request to see your license, registration, and insurance cards. If you are asked about where you have been, where you are going, or whether you have been drinking, respectfully assert your right to remain silent. If things seem to escalate, tell the officer you would like to have an attorney present for any further questioning.

Breathalyzer or Blood Tests

California’s implied consent laws require drivers to comply with an officer’s request to administer a test to determine your blood alcohol level. First, they will likely want to conduct a field sobriety test. If you choose not to cooperate with the request for a blood test, urine test, or breathalyzer, it will likely lead to your arrest. It could also result in the revocation of your driver’s license, the installation of an ignition interlock device in your vehicle, and potential charges. Ostensibly, you were pulled over for some sort of recklessness, so even if you cannot be charged with DUI, reckless driving could be its own nightmare. Additionally, it is possible for police to obtain a warrant to get the blood draw.

After an Arrest

If the officer chooses to arrest you, do not forget to be compliant and again request the presence of an attorney before answering any questions. You could be facing some severe consequences, including increased insurance rates, community service, fines, DUI school, and even time in jail. A conviction can definitely have long-term consequences since you will have a permanent blemish on your record, which could affect employment opportunities and more. Continue reading

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By the third quarter of 2021, there were an estimated 284 million vehicles driving about throughout the United States with 228.2 million licensed drivers. The United States has some of the highest levels of road traffic when compared to other similar developed nations. In terms of states, California has the most licensed drivers. Because of this heavy road traffic, the US also reports more frequent vehicular accidents than its counterparts.

There are many ways a car accident can happen, but speeding, driving under the influence, and distracted driving are some of the most common causes reported. A common misconception is that illegal drunk driving incidents only happen when a driver has alcohol in their system. While driving with a blood alcohol concentration of 0.08% or more is illegal and a frequent occurrence, there are other situations that also constitute driving under the influence.

Can You be Arrested for Driving With Prescription Drugs in Your System?

California drunk driving laws indicate that driving with more than a certain level of alcohol in the system is unlawful, but so is driving with drugs in the system. This is true for illicit substances, over-the-counter medicines, and those that come from a valid prescription.

If the drug or medication you are taking has impairing side effects, even if you only feel the symptoms are minimal, you should avoid driving until the drug is out of your system. If law enforcement pulls you over because they believe that you are driving unsafely or erratically, consistent with someone who is under the influence, they could arrest you if they find you ingested certain medicines.

For example, for nighttime cold medicine, the warning label will often indicate drowsiness is a side effect. Drowsy driving is incredibly dangerous; there are many issues a drowsy driver has operating their automobile that drunk drivers also have. Slower reaction time, inability to stay focused, and struggling to stay awake are just a few. 

Another example is if you suffer from chronic pain, your doctor may have provided you with a prescription for narcotics to manage that pain. It is legal to take narcotics that were prescribed to you. But, if the narcotics cause you to feel dizzy, sleepy, affect your vision, or cause other side effects, you are putting both yourself and others in danger of injury or death when you get behind the wheel.

If you have a prescription or over-the-counter drug in your system and you cause a crash or are arrested, the fact that the medicines you took were legal will not be a valid defense to a driving under the influence of a drug charge. 

There are some aspects of your arrest that you may be able to use in your defense, however. A San Diego DUI defense attorney will know what aspects of your case can be challenged to give you the best chances of overcoming your charges. Continue reading

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Driving while impaired is illegal even if you are being impaired by a legal substance. Those who are 21 years of age and older are legally able to consume alcohol, but if a drunk person gets behind the wheel and an officer suspects that driver to be intoxicated, the officer will pull the driver over. If it is determined that the individual is driving with a blood alcohol concentration that is over the legal limit, which is .08% or higher, the driver will be arrested.

If you have been arrested for driving under the influence of any impairing substance, legal or not, you will face charges. California DUI charges are serious, and it is important to protect your legal rights and freedoms by working with an experienced California criminal defense attorney. When you work with a California DUI attorney, you have the best chances of putting forth a strong and persuasive defense.

The Impact of a California DUI Charge

If you have consumed marijuana, which is now legal in the state of California, you can face a drugged driving charge for operating your vehicle while impaired. Even prescription medications and over-the-counter medications that cause side effects not compatible with safe driving can lead to criminal charges in California if their use leads to impaired driving. For example, if you are taking a prescription painkiller or an allergy medication that makes you feel sleepy, and you are driving erratically as a result, you may find yourself in a lot of legal trouble. You could be charged just as if you were driving with an illegal substance in your system.

There are several negative life implications that can result from a California DUI charge. If you are convicted of this crime, there are expensive fines you will be required to pay, in addition to paying for your court costs.

If you caused an accident as a result of driving in an unsafe physical condition, any damages that you caused to another party will be your responsibility. If you need to use your car insurance to pay for those damages, your premiums may increase sharply. Additionally, you could also be responsible for medical costs from injuries that you caused another party. A victim may bring a civil suit against you for additional financial compensation and depending on the nature of your accident you may even have punitive costs put on top of those extra losses that victim suffered. 

Paying money to victims and to the court is not the only penalty you may face. Your record will reflect a DUI conviction which could limit your opportunities at gainful employment or acceptance to learning institutions. You also may have difficulty securing loans or renting a space to live.  Continue reading

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On Friday, March 27 a lawsuit was filed in San Diego federal court on behalf of three very young siblings who sustained injuries in a head-on crash on November 12, 2018. The suit is being filed against the children’s mother, who was driving the car while intoxicated.

 

Mayra Alejandra Gonzalez, 30, drove on the wrong side of Camino del Norte and smashed into another vehicle head-on. The driver of the other car was injured as a result of the crash. Gonzalez had a blood alcohol content of .29% after the crash, which is more than three times the legal limit.

 

Her three children sustained significant injuries from the incident. Her 9-month-old daughter was not in the proper child safety seat during the crash, but instead was being held by one of her sisters. When the accident took place she was thrust into the vehicle’s windshield and sustained a skull fracture and brain bleed. The young child still requires a feeding tube. Gonzalez’s two other daughters, aged 2 and 8, had facial injuries.

 

The suit alleges negligence and many other allegations against Gonzalez, San Diego County, and three social workers. The suit claims that the county was negligent in preventing Mayra from continuing to drive drunk, which she had done many times before the November 12th crash. She had a documented history of drunk driving, and social workers employed at the county’s Health and Human Services Agency were aware of her reckless behavior but ignored it, which put the children in immense danger.

 

There were four incidents in which Gonzalez was inebriated when she was driving with at least one of her children as a passenger in the car. Three were crashes that law enforcement and HHSA knew about. A crash in 2015 recorded her BAC at .26% and social workers indicated that services were necessary to assist Gonzalez and protect her children. However, no services or plan was made available and she was not required to attend substance abuse classes or parenting classes.

 

In 2016, she was driving drunk while pregnant and while her 5-year-old daughter was in the car. She caused another DUI crash which resulted in her arrest. She was charged with a felony and was sentenced to  five years of probation. Even though social workers considered her a high risk to the safety of her children, they did nothing to intervene and help.

 

Gonzalez pled guilty to felony child abuse and DUI from the November 12th crash. She is currently serving her 14-year sentence in state prison. 

Continue reading

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There were six DUI arrests made on a Saturday night last month. The San Diego Police set up a downtown checkpoint at the 1400 block of G Street and there were 1,765 vehicles that drove through the site. Out of the vehicles that passed through, 526 were screened.

The checkpoint was successful in stopping approximately 10 drivers. The SDPD set up the checkpoint between 11:00 p.m. on Saturday night until 3:00 a.m. on Sunday morning. The screens stopped six drivers who were suspected of driving under the influence of alcohol. There were two drivers who received citations for operating a vehicle without a license. In addition, two drivers were reported to have been issued citations for unspecified reasons.

DUI Checkpoints in San Diego

There have been eight DUI checkpoints around the city since the beginning of 2020. There were over 60 in the area in 2019.

DUI checkpoints are sometimes called sobriety checkpoints. Police will block traffic and signal various drivers to pull over when they arrive at the checkpoint. When the officer approaches the vehicle, he or she will ask to see your license and registration. Then the officer will proceed to ask various questions about what activities you were engaging in during the night. Those drivers who are not intoxicated or are not presumed to be by an officer pass through the checkpoint and continue on their way.

Drivers who exhibit slurred speech, abnormal movements, or other unusual behavior will cause the officer to believe intoxication is likely. Drivers who are suspected of drunk driving will be asked to perform a field sobriety test. What you will be expected to do in a sobriety test include:

  • Standing on one leg with your arms to the side
  • Walking a straight line putting one foot ahead of the other
  • Following a moving object with the eyes while keeping the head still

You cannot refuse a DUI checkpoint and avoid arrest in California, so do not try. These stations are not considered actions by police that violate individual constitutional rights. In addition to field sobriety tests, there are other tests that may be administered. Preliminary Alcohol Screening (PAS) is one that may be used. This is a portable breath test. 

After you are arrested for a DUI, you will take either a blood or a breath test. If you do not comply with taking the test after the arrest has been made, you are going to make your situation worse. Additional charges will be added to your DUI.

Do You Need a DUI Defense Attorney in California?

Charges of drunk driving result in immediate suspension of your license. When a drunk driving accident results in bodily harm or death, it is critically important that you obtain aggressive representation because your charge will be considered a felony that will automatically come with prison time. Continue reading

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E-scooters are a convenient way to get ahead of what may seem like unnecessary traffic in San Diego. E-scooters provide an alternative means of transportation and a source of entertainment for some riders. The rise in popularity of e-scooters in San Diego and other cities across the nation opens the door for a greater possibility of illegal activity such as riding under the influence of alcohol or other substances, which often result in DUI charges.

Law Enforcement Cracking Down on Illegal E-Scooter Activity

Yes, you can receive a DUI for riding an e-scooter under the influence. Law enforcement is taking steps to crack down on illegal activity on e-scooters. In fact, an article in Good Day Sacramento shows that the City of Los Angeles had its first DUI prosecution for a person riding a Bird e-scooter under the influence of alcohol.

The offender knocked over a 64-year-old on a sidewalk. Law enforcement determined that his blood alcohol content level was three times the legal limit, which is 0.08% in California. For his actions, he must complete 36 months of probation and also complete a DUI program.

E-Scooter Riders Must Follow the Law

As we mentioned in a previous article regarding traffic tickets and the new e-scooter regulations, e-scooter laws are enforceable by the San Diego Police Department. This means that as an e-scooter rider, you must follow the laws concerning the operation of the scooter.

The San Diego Municipal Code and California Vehicle Code explain the laws pertaining to scooters.

E-Scooter Incident Statistics

A recent study released by the UC San Diego Health system revealed the following statistics:

  • Approximately 40% of e-scooter injuries involve alcohol
  • 52% of e-scooter users involved in accidents tested positive for drugs
  • 65% of those injured on a e-scooter are men

An article in Consumer Reports shows that there were 1,500 e-scooter injuries in the United States in 2018. For this reason, e-scooter companies like Lime are taking necessary measures to protect riders and pedestrians and prevent incidents such as riding under the influence by developing systems and software to reduce the speed of the e-scooter if a rider is driving recklessly.

What to do if You Receive a DUI While Riding an E-Scooter

If you receive a DUI for riding an e-scooter under the influence, you should discuss the matter with an experienced San Diego Criminal Defense Attorney as soon as possible. It is important to retain the services of an attorney who can help you handle the full range of charges that may arise. Continue reading

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Absent the distinctive scent associated with smoking marijuana, how can the police determine if you are driving your vehicle under the influence of marijuana? Marijuana use for personal consumption is legal in California. It is illegal, however, to drive under the influence of marijuana in California.

Field Sobriety Testing

When the police stop a driver under suspicion of driving under the influence of alcohol or drugs, including marijuana, but cannot readily observe marijuana use, they may request that the driver participate in field sobriety tests to determine if he or she is impaired by alcohol or drugs.

Generally, a suspected impaired driver may be asked to perform a series of the following tests:

  • The one-legged test requires you to stand on one leg for a period of time. If you are able to do so, you pass this test.
  • The walk and turn test requires you to walk in a straight line. You are evaluated for balance, staying on the line, walking and stopping, and following directions. If you are able to remain on the line walking as instructed, you pass this test.
  • The horizontal gaze nystagmus test, also known as the HGN test, requires you to follow the gaze of the police officer’s finger or an object in the police’s hand. You are evaluated for compliance with the instructions and the nature of your eye movements. If you are able to follow the gaze as instructed, you pass the test.

If you fail the field sobriety tests, the police have probable cause to arrest you under suspicion of driving under the influence of marijuana.

Chemical Tests

Every time you drive on California’s roadways, you have already consented to submit to a chemical test if asked to participate in one by law enforcement. Once in police custody, law enforcement may require you provide samples of your blood, breath, or urine to conduct chemical tests. With respect to marijuana use, the tests would measure the presence of THC, the active ingredient in marijuana to support the DUI (marijuana) element of the charge. As of the Spring of 2019, there is no breath technology that can measure THC in a person’s breath in use by San Diego’s Police Department. All three tests are less able to measure THC as time passes.

Cotton Swab Tests

In San Diego, police at DUI checkpoints may use a cotton swab to collect a saliva sample from a driver. The cotton swab test can detect the presence of THC as well as crystal meth, methadone, cocaine, and some prescription drugs.

Charged with illegal use or possession of marijuana or driving under the influence of marijuana in San Diego? Hire a knowledgeable and experienced San Diego criminal defense lawyer to help you resolve your case. Continue reading

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With Memorial Day in our rear-view, we have entered what law enforcement calls the 100 dangerous days of summer on the roads. According to California Highway Patrol (CHP), there were 1,099 DUI arrests made in California this past Memorial Day weekend, averaging 14 arrests per hour. This is a 4% increase from last year.

In an article by Times of San Diego, the CHP reports that while DUI arrests are down from last year, it is still a huge safety concern for California residents throughout the summer. Now that you are aware of the statistics, let us take some time to explore what a DUI is and what California law says about DUIs.

DUI and California Law

DUI is the acronym for driving under the influence. A DUI is simply the act of operating a motor vehicle while under the influence of drugs or alcohol. California Law states it is unlawful for a person to operate a vehicle if he or she is:

  • Under the influence of any alcoholic beverage.
  • Addicted to the use of any drug.
  • Under the influence of any drug.
  • Under the combined influence of any alcoholic beverage and drug.

If you were recently cited for DUI, this can be a frightening time. With help from Boertje and Associates, you can avoid three mistakes people usually make when they receive a DUI citation.

Speaking Up at the Wrong Time

Being cited for DUI can be overwhelming. During this time, you may be upset. Naturally, you will want to speak up for yourself and tell the officer your side of the story about what happened.  At this point, you are so shaken up that you may have forgotten about your constitutional rights. You do have the right to remain silent, remember? Save yourself a headache and do not make the mistake of speaking up for yourself at the wrong time.

Ignoring the DUI and Wishing it Away

Whether this is your first DUI offense or not, ignoring it and wishing the DUI away will not do you any good. This is not the time to sit and twiddle your thumbs as if the DUI does not exist.

If you continue to ignore the DUI, your driving privileges will be in jeopardy. As a result, your license can be suspended or even revoked. You can also face jail time, receive hefty fines and costs, and be required to do community service. If this piece of information is not enough to get you moving, as of January 2019, the State of California requires anyone arrested for DUI to install an ignition interlock device (IID) in his or her vehicle after the arrest.

Waiting Until the Last Minute to Hire an Attorney

You should never attempt to pursue a DUI case on your own. Now is the time to hire an attorney to represent you in your criminal matter. An experienced, qualified DUI defense attorney is a great resource to assist you with your DUI defense. If you want to obtain favorable results, do not wait until the last minute. The sooner you hire an attorney, the sooner your attorney can begin planning a defense strategy for your case. Continue reading

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Individuals arrested for driving under the influence (DUI) in California are now required to have an ignition interlock device (IID) installed in their motor vehicle after arrest. Effective January 1, 2019, an individual facing DUI charges will be able to maintain unlimited driving privileges while their regular license is suspended so long as the IID is installed in this or her motor vehicle.

Changes to the Vehicle Code

Senate Bill § 1046, signed into law by former Governor Jerry Brown, amends the Vehicle Code to require individuals convicted of DUI to install an IID on their vehicle for at least six months following their conviction.

What is an IID?

According to California’s Department of Motor Vehicles, an IID is about the size of a cell phone and is connected or wired to your vehicle’s ignition. The IID requires a breath sample before the engine will start. If the device detects alcohol on the driver’s breath, the engine will not start. The results of the failed test are also sent to the court, including the probation or parole officers assigned to your case, triggering a violation of a bail, probation, or parole condition. You will be asked to pull over and stop driving while you conduct a repeat test to make sure there is no alcohol in your system.

Duration of IID in Vehicle Depends on Conviction Record

The general rule is, if it is your first DUI conviction and no passenger or pedestrian got hurt, you may be offered the option to choose between installing an IID for six months with full driving privileges or not installing an IID but having a restricted (or suspended) license for one year. If a passenger or pedestrian gets hurt because you were driving under the influence, you will be required to install an IID in your vehicle for six months.

Repeat offenders will need to install and maintain an IID for more time. Second DUI conviction will require you to install an IID for one year. A third DUI conviction will require you to install an IID for two years. A fourth or subsequent DUI conviction will require an IID installation for three or more years. Continue reading

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NPR just published a relatively detailed story on how difficult it is to enforce DUI (driving under the influence) laws for those under the influence of marijuana. Like the rest of the nation, the state of Colorado has seen a sharp increase in marijuana DUI arrests. So far, State Patrol data illustrates that the number of citations rose from 316 in 2015 to 398 this year.

Colorado’s marijuana DUI law is modeled on the one for alcohol, which sets a number for blood-alcohol levels to determine when someone is too intoxicated to drive. For pot, that number is five nanograms of THC per milliliter of blood. That means it is illegal to drive if you have anything over that level. However, according to the Center for Medicinal Cannabis Research at the University of California, San Diego, measuring a person’s THC is actually a poor indicator of intoxication. This is because unlike alcohol, THC gets stored in your fat cells, and is not water-soluble like alcohol. As a result, one can still test positive for THC even a week after consumption. This is something defense attorneys all too easily point out.

As far as policy implications, scientists at UCSD say that what cops really need is a simple roadside sobriety test.

Driving Under the Influence of Marijuana in California

Aside from normal DUIs, California is one of the many states that have a specific statute that addresses driving while under the influence of marijuana. See CA Vehicle Code 23152(e). One is considered “under the influence” of marijuana if, as a result of consumption, his or her mental and physical abilities are impaired so that he or she cannot drive like a sober person.

The tricky thing with driving while under the influence of marijuana is that there is no “per se” amount of THC in the bloodstream that can easily establish impairment unlike alcohol (.08%).  Chemical tests still cannot accurately reveal how much THC one has consumed, or how recently.  As a result, police will have to look to other factors, such as: your driving pattern, physical appearance, statements to police, and your performance on field sobriety tests.

If convicted of a marijuana DUI, one may face probation for three to five years, and six months in jail. You will also face extensive fines  and a suspension of your driver’s license. If someone is injured or killed as a result of the impaired driving, then one may be facing a felony charge punishable by state imprisonment and a suspension of a driver’s licenses for a year.    Continue reading

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